The Reasonable Clairvoyance Of The Opinion Evidence And Its Exclusion Rule

Witness speech, is used as a kind most for long, most for widespreadextensive proofs. Because the witness speech have some unsteady settle, whichwitness speech have no relativity, which witness speech can not be adopted,all need a scientific proof rule to take or reject reasonably. Opinionevidence of proceeding is a problem that can not be get around. The thesisis about opinion evidence and its exclusion rule, and the writer hopes thatit will be benefit for our country. This dissertation falls into four parts. The first part is mainly about general situation of opinion evidence andits exclusion rule. Firstly, the writer introduces locally of opinionevidence and its exclusion rule by scholars in other country, and makes thedefinition by myself; Secondly, the wrier analyzes why opinion evidence cannot be adopted from many aspects; Finally, the writer bases on introductionof opinion evidence and its exclusion rule summarizing the characteristicof opinion evidence exclusion rule. In part two, the writer analyzes a few problems on edges of opinionevidence and its exclusion rule. First is about the definition of opinionevidence, if the statement predicting by witness is bases on sense of witness,the statement should be adopted, and it is not opinion evidence; Secondly,conclusion of identify is whether belong to expert opinion evidence? Inour country identifier is not same to expert in other country, and is notbelong to witness, so conclusion of identify is not belong to opinion evidence;Finally, the problem is about exclusion of public. Opinion evidence includesexclusion of public, there is some limit in it. We can learn form others. In the third part, after comparing the opinion evidence and its exclusionrule in the United States, England, Japan, Canada, Australia... the writerconcludes that: The first, the all countries widespread make opinion evidenceexclusion rule a principle, and this principle has been already through thehole law of opinion evidence; The second, there is difference in the scopeand degree about exclusion of opinion evidence; the third, most is clearlyprovide that expert opinion is exception of opinion evidence exclusion rule . part four is about opinion evidence and its exclusion rule in our country.Firstly, the writer analyzes the present of opinion evidence and itsexclusion rule in our country; Second is the reason why our country is notyet establish the complete opinion evidence and its exclusion rule; Thirdly,that writer brings up the necessity to establish the definite opinionevidence and its exclusion rule in our country; Finally, the writer advocatessetting up the definite opinion evidence exclusion rule in our country. The writer thinks this text appears creative on following aspects: Thefirst is about the definition of opinion evidence, because the writer extendsthe inside and outside of the definition; The second is the analysis of whyopinion evidence can not be adopted; The third is the comparison of opinionevidence and its exclusion rule in different countries.